“There is nothing today that could lead to the finding that a crime of genocide is being committed in Ukraine,” Clémence Bectarte, lawyer for the International Federation for Human Rights of Man (Fidh), told franceinfo on Thursday, April 14. While several leaders of the international community, including Joe Biden, have denounced the genocide committed by Russia in Ukraine. Emmanuel Macron does not want to subscribe to this terminology. Ukrainian President Volodymyr Zelenskyy said he was “hurt” by the French leader’s reticence. “You have to keep in mind, however, that words have meaning and that it is important not to mislead them,” says the lawyer.
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franceinfo: Should we use the term genocide?
Clemence Bertarte: There is nothing today that seems to lead to the finding that a crime of genocide is being committed in Ukraine. The crime of genocide is effectively defined by the will to exterminate a population as a whole because of, in this case, its nationality. It really doesn’t appear to be the case, based on information coming back from the field today. So we still need to remember that words have meaning and that it is important not to mislead them.
Just because no genocide is being committed does not mean that extremely serious crimes are not being committed in Ukraine.
Clémence Bertarte, Attorney at Fidh
at franceinfo
>> Can we speak of a “genocide” by the Russian army, as President Volodymyr Zelenskyy says?
So is it normal that the international community is divided on this issue?
Yes, and this is all the more normal as these are legal terms and it is normally for the courts to establish the reality of these crimes. The investigations are the responsibility of the International Criminal Court. It is for the national courts to do this and to determine legally whether the constituent elements of these different offenses are present. But even today it is quite relevant to talk about war crimes. The International Criminal Court has also launched an investigation into possible crimes against humanity.
What is the difference between war crimes, crimes against humanity and genocide?
War crimes are crimes committed in connection with a war related to an armed conflict. These are mainly crimes against persons protected by international humanitarian law, i.e. civilians. A crime against humanity is a crime that can be committed in time of peace or war but involves the demonstration of a general or systematic attack on a civilian population. This goes beyond a certain point and it would have to be shown that the Russian authorities intend to launch a systematic or generalized attack aimed solely at Ukrainian civilians. This is one of the qualifications the International Criminal Court has been investigating since early March. This clearly shows that special attention is paid to this qualification.
“What are now proven to be war crimes by the Russian army in Ukraine could perhaps reach the level of crimes against humanity.”
Clemence Bertarte
at franceinfo
Does it take time to define the term of all these crimes?
Obviously, it is very rare that justice can be exercised in real time. The investigation was initiated very early after the outbreak of the Russian invasion at the level of the International Criminal Court. There are now a dozen states that have also launched investigations in their national courts, including, of course, Ukraine. These initiatives are to be welcomed. However, it is very important that the issue of justice and the fight against impunity are raised in the international discussion very early today, very early from the start of this invasion. But in all this we must also remember that justice is always a long time to be respected, it is important. Firstly, because it is difficult to prove the crimes, but even more complicated to establish the responsibilities, since that is one of the aims of the International Criminal Court’s investigations, including establishing the supreme responsibilities, whether military or political.